PC 75-124- ..~~ ~
RESOLUTION N0. PC75-124
A RESOLUTION OF THE CITY PLANNiNG COMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR VARIANCE N0, 2705 dE GRANTED.
WHEREAS, the City Planning Commission of the City of Anaheim did receive a
verified Petition for Variance from CURCI-TURNER CO „ P. 0. Box 1457, Newport
Beach, Ca. 92663 (~Wner); FRED J. BAR.BOUR, 1851 Elba Circle, Costa Mesa, Ca,
92626 (Agent) of certain rezl property situated in the City of Anaheim, County
of Orange, State of California, deseribed as:
That portion of L.ot Two in Tract No. 525, as shown on a Map recorded in
Book 32, page 35 ofi Miscellaneous Maps, records of Orange County, California,
described as follows:
Beginning at the Northwest corner of land described in deed to Yardley
Construction Co „ a corporation, recorded January 19th, 1951 in Book 2132, page
128 of Official Records, said point being distant South 74° 29~ 45" West 330.00
f-eet from the Northeast corner of said Lot Two; thence South 15° 27' 15" East
along the West line of said land of Yardley Construction Co, a distance of 410.35
feet to the Easterly orolongation of the Northerly line of Lot One in said Tract
No. 5Z5; thence South j4° 30' 00" West along the North ~ine of said Lot One and
its Easterly prolongation a distance of 106,35 feet to the Northo-iest corner of
said Lot One; thence Northerly alon~ the Westerly line of said Tract No. 525 e
distance of 410.30 feet to the Northwest corner of said Lot Two; thence North
74° 29' 45'~ East along the North line of said Lot Two a distance of to6.61 feet
to the point of beginning,
Excepting therefrom the following:
Beginning at the most Westerly corner of Lot One of said Tract No. 525;
thence Northeasterly along the Plorthwesterly line of said Lot One, 80.35 feet to
the most Northerly corner of said Lot Une; thence Northwesterly along the North-
westerly extension of the Northeasterly line of said Lot One to a point in a line
which is parallel with and distant Northwesterly 7 feet measured at right angles
from the Northwesterly line of said Lot One: thence So~thwesterly along the said
parallel line 80.35 feet to a pi::nt i=. ~t~ ;;o~thwesterly line of said Lot Two, and
thence Southwesterly along said =.•~yo,s~~*r.rly iine to the point of beginning.
WHEREAS, the City Planninc ~'•: `an d6d schedule a public hearing at the City
Hall in the City of Anaheim on Jur• ',~i. 1~;7. at 1:30 p.m„ notice of said public
hearing having be~n duly given a~ r~q'~'s:rad by law and in accardance with the provi-
sions of the Anaheim Municipal Co~'~., Chapter 18.03, to hear and consider evidence for
and against said proposed variance and to investigate and make findings and recommenda-
tions in c~nnection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and does fi;~d and determine tha followin~ facts:
1. That the petitioner requests the following waiver from the Anaheim Municipal
Code, to permit the continued outdoor storage of trucks and equipment in the RS-7200
(RESIDENTIAL, SINGLE-FAMILY) ZOPlE:
SECTION 18.26.030 - Permitted uses. (Outdoor storage not a perroitted use)
2. That the ?lanning Commission hereby dstermines that the proposai, as presented,
is an interim use of the subject property, said determination further substantiated •by
the petitioner's statement that the existing lease of the property is for a maximum of
one year; and, on the basis of the foregoing, the Pla~ning Commission hereby yrants the
proposed use for a period of one (1) year, subject to review and consideration for
extension of time, upon written request from the petitioner.
3. That the petitiener stipulated the trucks and equipment to be stored on the
subject property will not exceed 5,500 pounds weight or one and one-half (1-ll'2) ton
capacity or rating, and said trucks and r.quipment will be consCruction-type vehicles/
machinery.
RESOLUTION N0. PC75-124
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4. That the petitioner stipulated to complying with the requirements for
street and alley dedication; however, thP petitioner demonstrated that since the
proposal was for an interim use and for a sho~t period of time, a hardship a~ould
be created if the street and alley improvements were required at this time.
5. That the petitioner stipulated to installing cedar or redwood slats in
the existing chainlink fence on the narth and east sides enclosing the subject use,
and that the existing chainlink fence on the east side will be relocated in accord-
ance with the full ultimate width of the alley.
6. •That the Planninq Commission he;eby determines that for the protection of
the adjacent single-family neighborhood, approval of this Variance shall be subject
to the petitioner providing access to the subject property from Lincoln Avenue only,
and that no access of any kind shall be provided to Vine Street or to Cypress Street,
and that no gates shall be provided to permit use of the alley abutting the subject
property to the east.
7, That there are exceotional or.extraordinary circumstances or conditions
applicab]e to the property involved or to the intended use, as granted, of the
property that do not apply generally to the property or ciass of use in the same
vicinity and zone.
8. That the requested variance, as granted, is necessary for the preservation
and enjoyment of a substantial property right possessed by other propErty in the
sart~e vicinity and zone, and denied to the property in question.
9. That the requested variance, as granted, wiil not be materially detrimental
to the public welfare or injurious to the property or improvements in such vicinity
and zone in which the property is located.
10. That three (3) persons appeared at said public hearing in opposition,
representing approximately five (5) persons present in opposition; and petitions
signed by approximately one hundred sixteen (116) adjacent property owners and
residents in opposition, were received at said public hearing.
ENVIRONMENTAL IMPACT REPORT FINDING:
That the Planning Commission recommends to the City Council that the subject
project be exempt from the requirenent to prepare an Environmental impact Report,
pursuant to the provisions of the California ~nvironmental Quality Act.
NOW, TNEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Variance, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property
in order to preserve the safety and general welfarE of the Citizens of the City of
Anaheim:
l. That the owner(s) of subject property shall deed to the City of Anaheim a
strip of land 30 feet in width from the centerline of the street al~ng Cypress Street
for street-widening purposes, and a strip of land 10 feet in i~irlth from the centerline
of the alley for alley-widening purposes, as stipulated to by the petitioner.
2, That trash storage areas shall be provided in accordance with approved plans
on file with the office ef the Director of Public Works.
3, That this Variance is 9ranted subject to the owner(s) providing access for
ingress and egress to Lincoln Avenue only, with no access of any kind being provided
to Vine Street to the east or Cypress Street to the north or the public alley to the
east.
4. That subject property shall be developed substantially in accord~nce with
plans and specifications on file with the City of Anahe+m marked Exhibit No. l;
provided, however, that any access gates presently provided to the alley abutting
the subject property shall be eliminated, and the chainlink fence enclosing the
subject use shall be interwoven with redwood or cedar slats, and that said fence shall
be relocated in accordance•with the full ultimate width of the alley, as stipulated to
by the petitioner.
5. That Condition Nos. 1 2, 3 and 4, above-mentioned, shall be complied with
within a period of sixty (60) days from date hereof, or such further time as the
Planning Comnission may grant.
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RESOLUTION N0. PC75-124
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6. That the trucks and e~uipme~t to be stored on the subject property shail
not exceed one and one-half (1 1/2) tons or 5,500 pounds capacity or rating, and
said trucks and equipment shall be construction-type vehicles/machinery, as
stipulated to by the petitioner.
7, That this Variance is granted for a time limitation of one (1) year,
subject to review and consideration for extension of time by the Planning Commission
and/or City Council, upon written request by the petitioner.
THE FOREGOING RESOLUTION is st9ned and approved by me this 9th day of June, 1975.
CHA MA , AN ITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANNHEIN CITY PLANNIN6 COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Patri~ia B. Scanlan, Secretary of the City Flanning Commission of the City of
Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a
meeting of the City Planning Commission of the City of Anaheim, held on June 9. 1975,
at 1:3~ p.m., by the following vote of the members thereof:
AYES: COMMISSIONERS: FARANO, GAUER, JOHNSON, KING, MORLEY, HERBST
NOES: COMMISSIONERS: TOLAR
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of June, 1975.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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RESOLUTION N0. Pc75-124